R16-098 1 RESOLUTION NO. R16- 098
2
3 A RESOLUTION OF THE CITY OF'\BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE
5 MAYOR AND CITY CLERK TO SIGN AN EMERGENCY
6 SERVICES AGREEMENT FOR MUTUAL ASSISTANCE
7 AND AUTOMATIC AID BETWEEN THE CITY OF
8 BOYNTON BEACH AND PALM BEACH COUNTY FOR
9 A PERIOD OF TEN (10) YEARS; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12
13 WHEREAS, Mutual Aide Agreements are necessary to ensure Fire Rescue and
14 Emergency Medical response regardless of the availability of City responders; and
15 WHEREAS, this Agreement will enhance the City Fire Rescue Department to handle
16 large scale emergencies that are one of a kind and tax the resources of the fire department
17 beyond its capability; and
18 WHEREAS, the City has enjoyed a good reciprocal mutual aid arrangement with
19 Palm Beach County for several years.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
23 as being true and correct and are hereby'made a specific part of this Resolution upon adoption
24 hereof.
25 Section 2. The City Commission of the City of Boynton Beach, Florida hereby
26 authorizes and directs the Mayor and City Clerk to sign the Emergency Services Agreement
27 for Mutual Assistance and Automatic Aid Between the City of Boynton Beach and Palm
28 Beach County, for a period of ten (10) years, a copy of which is attached hereto as Exhibit
29 "A".
S: \CC \WP\Resolutions\2016\R16 -098 PBC_Mutual Aid_Agreeinent_2016_- _Reso.doc
30
31 Section 3. This Resolution shall become effective immediately upon passage.
32 PASSED AND ADOPTED this / of per.. , 2016.
33
34
35 CITY OF BOYNTON BEACH, FLORIDA
36
37 YES NO
38
39 Mayor — Steven B. Grant
40
41 Vice Mayor — Mack McCray c/
42
43 Commissioner — Justin Katz ci
44
45 Commissioner — Christina L. Romelus
46
47 Commissioner — Joe Casello
48
49
50 VOTE 0
51
52 ATTEST:
53
54
55 � ' / `f
56 Jly &th A. Pyle, CMC
57 Iterim City Clerk
58
59
61 (Corporate Seal)
at
63 :p e
S: \CC \WP\Resolutions\2016\R16 -098 PBC_ Mutual _Aid_Agreement_2016_ - _Reso.doc
EMERGENCY SERVICES AGREEMENT
FOR MUTUAL ASSISTANCE AND AUTOMATIC AID
BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH
THIS EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND
AUTOMATIC AID (the "Agreement ") is made and entered into on
by and between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida
(hereinafter the "County "), by and through its Board of County Commissioners, and the CITY OF
BOYNTON BEACH, a Florida municipal corporation located in Palm Beach County, Florida
(hereinafter the "City ").
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act
of 1969," authorizes local governments to make the most efficient use of their power by enabling them
to cooperate with other localities on a basis of mutual advantage and thereby to provide services and
facilities that will harmonize geographic, economic, population and other factors influencing the needs
and development of local communities; and
WHEREAS, each of the parties to this Agreement presently maintains a fire- rescue department
with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical
personnel, and other emergency capabilities; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for
mutual assistance /automatic aid in times of emergency where the need created may be too great for
either party to deal with unassisted or where a closest unit response is agreeable and in the public
interest; and
WHEREAS, the City and the County desire to enter into this Agreement as a means to further
enhance the fire - rescue services that they currently provide within their respective jurisdictions.
NOW, THEREFORE, in consideration of the terms and conditions set forth herein and the
benefits following from each to the other, the County and the City do hereby agree as follows:
ARTICLE I: MUTUAL ASSISTANCE AND AUTOMATIC AID
Section 1. Request for Assistance /Aid. The County and the City agree to provide
emergency mutual assistance and automatic aid to each other for Fire Suppression, Emergency Medical
Services, and Technical Rescue, within the terms and conditions set forth by this Agreement. The
assistance /aid provided for by this Agreement shall extend to areas served by the parties through service
agreements. Emergency mutual assistance /automatic aid will be given when properly requested unless
the party from whom assistance is requested determines in accordance with Section 4 of this Article that
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it is unable to respond. The party requesting assistance and /or aid shall provide the following
information at the time the request is made:
A. The general nature, type and location of the emergency; and
B. The type and quantity of equipment and /or personnel needed; and
C. The name and rank of the person making the request.
All requests shall be directed through the County's emergency communications center. The
following officials of the participating parties are authorized to request assistance and aid under this
Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders.
Section 2. Command Authority. In the event of an emergency which requires additional
assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the
Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where
the emergency exists, but personnel responding to the call will remain under the command of their own
officers at all times. Each party shall retain control over its personnel and the rendition of services,
standards of performance, discipline of officers and employees, and other matters incidental to the
performance of services. Each party authorizes its Fire Chief or designee to meet with the other party's
'Fire Chief or designee and develop automatic aid /closest unit response plans and procedures, including
but not limited to details regarding areas to be serviced and type and/or level of response, when the Fire
Chiefs have determined that improved response times or other forms of efficiency within their respective
jurisdictions and /or service areas may be achieved. Such automatic aid /closest unit response plans and
procedures may be set forth in a Letter(s) of Understanding between the Fire Chiefs. The County
Administrator or designee (Fire Rescue Administrator) and the City's Fire Chief are hereby authorized
to enter into and amend said Letter(s) of Understanding on behalf of their respective parties, consistent
with this Agreement and policies and procedures, if any, of the respective parties. The Fire Chiefs are
also authorized to promulgate necessary administrative regulations and orders to implement and
administer these plans and procedures.
Section 3. Remuneration. All costs associated with providing mutual assistance and
automatic aid services under this Agreement shall be the responsibility of the agency rendering
assistance /aid. Neither agency shall seek reimbursement of cost associated with rendering mutual
assistance and /or automatic aid services from the other agency.
The parties further agree that the agency rendering assistance /aid may request reimbursement for
any expenditure of goods or services directly from the persons, parties, or company involved in, causing,
or responsible for, the incident at the sole discretion of the agency rendering aid or assistance. If the
agency rendering assistance /aid for emergency medical services provides transport service, then that
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transporting agency may request reimbursement for the transport service from the patient to the extent
permitted by law. The agency rendering service will handle billing, insurance claims and collection in
accordance with their policies and procedures and any applicable laws and regulations, including the
latest Federal Medicare guidelines if applicable.
If the rendering agency invoices the responsible party for the incident for reimbursement of the
goods and services provided, a copy of such invoice shall be forwarded to the requesting agency as a
matter of courtesy, provided however that the parties shall not provide copies of transport fee invoices to
the other party or otherwise use or disclose Protected Health Information ( "PHI ") or Electronic
Protected Health Information ( "e- PHI ") except as permitted by the Health Insurance Portability and
Accountability Act, as amended, and the regulations promulgated thereunder (collectively "HIPAA "),
and any other applicable laws and regulations, all as may be amended from time to time.
Section 4. Ability to Respond. Each party may refuse to respond to a request for
assistance /aid in the event it does not have the required equipment or manpower available or if, in its
sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction or
personnel. Notwithstanding anything herein that may be construed to the contrary, the parties
understand and agree that it is not the intention of the parties to subsidize the normal day -to -day
operations or shortages in staffing or equipment of the other party and that the mutual
assistance /automatic aid provided hereunder is intended to be mutual in nature.
ARTICLE II: GENERAL CONTRACT TERMS
Section 1. Preambles. The facts set forth in the preambles to this Agreement are true and
correct and are hereby reaffirmed by the parties.
Section 2. Representative and Contract Monitor. The County representative and
contract monitor during the performance of this Agreement shall be the Fire Rescue Administrator,
whose telephone number is (561) 616 -7001. The City representative and contract monitor during the
performance of this Agreement shall be the Deputy Chief of Operations, whose telephone number is
(561) 742 -6331.
Section 3. Employee Functions. No employee of either party to this Agreement shall
perform any function, or service which is not within the employee's scope of duties as defined or
determined by the employee's employer.
Section 4. Employee Claims, Benefits, Etc. No employee, officer, or agent of either
party shall, in connection with this Agreement or the performance of services and functions hereunder,
have a right to or claim any pension, workers' compensation, unemployment compensation, civil service,
or other employee rights, privileges, or benefits granted by operation of law or otherwise except through
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and against the entity by whom they are employed. No employee of either party shall be deemed the
employee of the other, for any purpose, during the performance of services hereunder.
Section 5. No Assumption of Liability. Neither party to this Agreement nor their
respective officers or employees shall be deemed to have assumed any liability for the negligent or
wrongful acts or omissions of any other party. Further, nothing herein shall be construed as a waiver of
sovereign immunity.
Section 6. Liability for Injury. All the privileges and immunities from liability,
exemptions from law, ordinance and rules, and all pensions and relief, disability, workers' compensation
and other benefits which apply to the activity of the officers or employees of either party when
performing their respective functions, within the territorial limits for their respective agencies, shall
apply to the same degree and extent to the performance of such functions and duties extraterritorially.
Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party
employing such personnel, and owning or possessing such equipment.
Section 7. Indemnification. Each party shall be liable for its own actions and negligence
and, to the extent permitted by law, County shall indemnify, defend and hold harmless the City against
any actions, claims or damages arising out of the County's negligence in connection with this
Agreement, and the City shall indemnify, defend and hold harmless the County against any actions,
claims or damages arising out the City's negligence in connection with this Agreement. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party
to indemnify the other party for such other party's negligent, willful or intentional acts or omissions.
Section 8. Effective Date and Term. This Agreement shall take effect October 1, 2016,
and continue for a term of ten years, unless sooner terminated as provided herein.
Section 9. Notice of Termination. Either party to this Agreement may, upon ninety
(90) days prior written notice to the other, terminate this Agreement for any reason or for no reason at
all.
Section 10. Assignment of Rights. Neither party shall assign, transfer or convey, in whole
or in part, its rights, duties, or obligations without the prior written consent of the other party.
Section 11. Modification and Amendment. No modification, amendment, or alteration
in the terms or conditions of this Agreement shall be effective unless contained in a written document
executed with the same formality and equality of dignity herewith.
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Section 12. Entirety of Agreement. This Agreement represents the entire understanding of
the parties and supersedes all other negotiations, representations, or agreements, either written or oral,
relating to this Agreement.
Section 13. Nondiscrimination. Each party represents and warrants that all of its employees
are treated equally during employment without regard to race, color, religion, disability, sex, age,
national origin, ancestry, marital status, familial status, sexual orientation, gender identity and
expression or genetic information.
Section 14. Annual Appropriations. Each party's performance and obligation under this
Agreement is contingent upon annual budgetary appropriations by its respective governing body for the
purposes hereunder.
Section 15. Remedies. This Agreement shall be construed by and governed by the laws of
the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in a court
of competent jurisdiction located in Palm Beach County, Florida. No remedy herein conferred upon any
party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative
and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or
remedy hereunder shall preclude any other or further exercise thereof.
Section 16. No Third Party Beneficiary. No provision of this Agreement is intended to,
or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity
not a party to this Agreement, including but not limited to any citizens or employees of the County or
the City.
Section 17. Records. Each party shall maintain all records pertaining to the services
delivered under this Agreement for a period of at least three (3) years. Each party shall maintain records
associated with this Agreement, including, but not limited to, all accounts, financial and technical
records, research or reports, in accordance with Florida law.
Palm Beach County has established the Office of the Inspector General in Palm Beach County
Code, Section 2 -421 - 2 -440, as may be amended. The Inspector General's authority includes but is not
limited to the power to review past, present and proposed County contracts, transactions, accounts and
records, to require the production of records, and to audit, investigate, monitor, and inspect the activities
of the City, its officers, agents, employees, and lobbyists in order to ensure compliance with contract
requirements and detect corruption and fraud.
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Failure to cooperate with the Inspector General or interfering with or impeding any investigation
shall be in violation of Palm Beach County Code, Section 2 -421 - 2 -440, and punished pursuant to
Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor.
Section 18. Joint Preparation. The preparation of this Agreement has been a joint effort of
the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed
more severely against one of the parties than the other.
Section 19. Notice of Suits. Each party agrees to notify the other of any claim, or the
initiation of any legal proceeding against it, which relates in any manner to the services provided by the
other party. Each party will cooperate with the other in the defense of any suit or action arising out of,
or related to, the services rendered under this Agreement.
Section 20. Notices. All written notices required under this Agreement shall be sent by
certified mail, return receipt requested, and if sent to the County shall be mailed to:
Palm Beach County Fire Rescue
Fire Rescue Administrator
405 Pike Road
West Palm Beach, FL 33411
and if sent to the City shall be mailed to:
City of Boynton Beach
Fire Chief
2080 High Ridge Road
Boynton Beach, FL 33426
Each party may change its address upon notice to the other party.
Section 21. Captions. The captions and section designations herein set forth are for
convenience only and shall have no substantive meaning.
Section 22. Filing. A copy of this Agreement shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County.
Section 23. Delegation of Duty. This Agreement is an Interlocal agreement for the
provision of services, as authorized by Section 163.01, Florida Statutes, and shall not in any way or
manner whatsoever be deemed to constitute a transfer of powers or functions. Nothing contained herein
shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or
municipal officers.
Section 24. HIPAA Compliance. All parties acknowledge and agree that their respective
fire- rescue departments are covered entities under HIPAA, as may be amended from time to time.
Should any provision of this Agreement be determined to be inconsistent with the requirements of
HIPAA, then the parties shall promptly amend such provision as necessary to comply with HIPAA.
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Should the parties fail to promptly do so, then either party may terminate this Agreement upon written
notice to the other, without any recourse, penalty, or damages of any type against the terminating party
arising from such termination.
Section 25. Severability. In the event that any section, paragraph, sentence, clause, or
provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
Section 26. Survivability. Any provision of this Agreement that is of a continuing nature,
or which by its language or nature imposes an obligation or right that extends beyond the term of this
Agreement, shall survive the expiration or earlier termination of this Agreement.
Section 27. Renewal of Letters of Understanding. Notwithstanding anything herein to
the contrary, any existing duly authorized Letters of Understanding entered into between the Fire Chiefs
that are in effect immediately prior to the effectiveness of this Agreement shall be deemed to be renewed
and continued by the parties' Fire Chiefs upon the effectiveness of this Agreement. Said Letters of
Understanding shall continue and remain in effect until amended or rescinded by the parties' Fire
Chiefs.
Section 28. Conflict Resolution. Any dispute or conflict between the parties that arises
from the provision of services under this Agreement shall be presented in writing to the respective
Contract Monitors. The Contract Monitors shall then meet to discuss the disputed issues and attempt in
good faith to resolve the dispute or conflict prior to either party initiating the intergovernmental conflict
resolution process provided for by Chapter 164, Florida Statutes.
[remainder of page left blank intentionally]
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IN WITNESS WHEREOF,the undersigned parties have caused these presents to be signed by
their duly authorized officers on the day and year first written above.
R 2 0.1 6 ) 1 87SEP 272016
ATTEST: PALM BEACH COUNTY,FLORIDA BY ITS
SHARON R. BOCK, BOARD OF COUNTY COMMISSIONERS
Clerk & Comptroller ----T-O .
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By: I> A _' •' ' 'S' ';(rf, By: ! ak -
Deputy C r' k O O U Y Mary Lou erger, Mayor
p) F1.0110' ::
APPROVED AS TO I#9�FIAND .•'''3" APPROVED AS TO TERMS AND
LEGAL SUFFICIENCV'ille .\..- CONDITIONS
. „,„..z.-z-
By:_A/V)F44/1_,L-
By: GC ,
County Attorney Fir - gc13 `
ATTEST: CITY OF BOYNTON BEACH, FLORIDA, BY ITS
CITY COI,TNC
By: c----;1.- r AP z By: Lli -
*ifie-
/City Clerk-..,,,k. "A, Steven B. Grant,Mayor
APPROVED AS 6ORM AND
LEGAL SU.FI#11
CY
By: /Lad
City Attorne,
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